Summary
The Fifth Circuit affirmed a special search condition of supervised release for a felon-in-possession conviction, holding that plain error review applied because the defendant had notice and a meaningful opportunity to object. The condition—requiring submission to searches upon reasonable suspicion of a supervision violation—was reasonably related to the 18 U.S.C. § 3553(a) factors given the defendant's extensive criminal history and was narrowly tailored to avoid unnecessary deprivation of liberty. The court rejected arguments that the condition lacked an individualized factual basis or was not supported by the record, as the district court adopted the PSR and the condition served to enforce other release terms.
Holdings
- The district court did not commit plain error in imposing the special search condition because the condition is reasonably related to the §3553(a) factors and is narrowly tailored.
Questions Presented
- Whether the district court abused its discretion by imposing a special search condition as a condition of supervised release.
Disposition
affirmed
Cases Cited (14)
- United States v. Woods, 547 F.3d 515 (5th Cir. 2008)(cited)
- United States v. Bishop, 603 F.3d 279 (5th Cir. 2010)(cited)
- United States v. Rivas-Estrada, 906 F.3d 346 (5th Cir. 2018)(distinguished)
- United States v. Rouland, 726 F.3d 728 (5th Cir. 2013)(cited)
- United States v. Huor, 852 F.3d 392 (5th Cir. 2017)(cited)
- United States v. Paul, 274 F.3d 155 (5th Cir. 2001)(cited)
- United States v. Weatherton, 567 F.3d 149 (5th Cir. 2009)(cited)
- United States v. Scott, 821 F.3d 562 (5th Cir. 2016)(cited)
- United States v. Salazar, 743 F.3d 445 (5th Cir. 2014)(cited)
- United States v. Caravayo, 809 F.3d 269 (5th Cir. 2015)(cited)
Showing top 10 of 14.
Cited In (0)
No citing cases on record yet.